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HomeMy WebLinkAbout78-38 AMENDED BY It ~ f'J E IJ L..E 0 /j y BY.LAW #'!ra: J.?ff.? '/ .J..~uJ gtf - $ g . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78-38 AMENDED BY BY-LAW #P:1;s~j9. REPEALED BY 8Y-UW #R.1.;.~1f.. being a by-law to provide for the licensing and regulating of places of amusement within the Town of Newcastle. WHEREAS Section 383 (6) of the Municipal Act permits the Council of a Municipality to pass a by-law licensing and regulating places of amusement within the municipality; BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of the Corporation of the Town of Newcastle by the Council thereof as follows: 1. In thi s by-l aw (a) lIamusement machine' means any mechanical or electronic machine or device intended for use as a game, entertainment or amusement offered for use by the public by any person for profit or gain and shall include a pinball machine, television game, shooting gallery or other similar machine or device including an automatic machine or slot machine that dispenses as prizes one or more free games, but shall not i ncl ude any machi ne used only for the purpose of vending merchandise or services or playing recorded music or any billiard, pool or bagatelle table or any machine that would render the premises a common gaming house within the meaning of the Criminal Code of Canada. (b) a IIpl ace of amusement' means any premi ses or separate part of a premi ses wherein the principal trade consists in providing amusement machines for use by the public for profit or gain, and any premises or separate part of a premises wherein more than 50% of the floor area of the premises or part is devoted to the use of amusement machines shall be deemed to be a place of amusement. 2. No person shall conduct, operate or carryon a place of amusement without first having obtained a licence and paying the fee as prescribed by this by-law. 3. (a) Every person who requires a licence under the provisions of this by-law shall make application therefore in the form attached hereto as Schedule IIA" enclosing the fee prescribed by this by-law and forwarding the same to the By-law Enforcement Officer, which application shall append thereto a Schedule showing the nature of each and every amusement machine to be located on the premises. Upon receipt of such application, the By-law Enforcement Officer shall forward a copy of such application to the Durham Regional Health Unit, the Chief of Police of the Durham Regional Police Department and the Department of Planning and Development of the Town of Newcastle and may forward a copy of such application to any other department of the Town of Newcastle which may be affected, for a report. (b) If the reports referred to in Subsection (a) contain no recommendation adverse to a licence being issued to the applicant, then the By-law Enforcement Officer may thereupon issue the licence. - 2 - By-law 78...38 (c) If a report adverse to the application is received by the By-law Enforcement Officer, such application and all other information shall be forwarded to Council and Council shall decide after due consideration of the application, whether a licence is to be granted. (d) Before accepting or rejecting any application for a licence, Council may hold such hearings as may be necessary, either in public or in camera if requested by the applicant to do so. 4. (a) Every person previously licensed under this by-law shall make application for the renewal of such licence not later than March 1st in any year sub- sequent to the year in which the licence was first issued indicating the J location of the premises for which the licence is sought to be renewed and indicating any alterations or changes in conditions which have been effected since the application for a licence or any renewal thereof. During the currency of any licence issued under this by-law the transferee may make application to transfer the licence. The application for renewal or transfer shall be in the form attached hereto as Schedule IIBII. In the case of a transfer of any licence issued hereunder the Clerk shall obtain a report from the Chief of Police of the Durham Regional Police Department. (b) If the application for renewal or transfer discloses an alteration in the manner of operation or the location of the premises or a substantial alteration of the premises, the Clerk may require the applicant to submit an application for a licence in the form attached hereto as Schedule IIAII and the provisions set out in paragraph 3 of this by-law apply mutatis mutandis. 5. Every place of amusement licensed or proposed or required to be licensed under this by-law shall be made available for inspection by any Constable or Police Officer and may at all times when the said premises are open to the public, be inspected by the Chief of Police for the Durham Regional Police Department, the Durham Regional Health Unit or any officer or employee of the Durham REgional Health Unit or any Police Officer or employee of the Durham Regional Police Department or other Police Officer having jurisdiction in the Town or any otherperson duly authorized by Council for the purpose of preparing any report required by Section 3(a) or for the purpose of enforcing this by-law and no person who has or is required to have a licence under this by-law shall obstruct or hinder the making of the inspection or cause or permit the same to be obstructed or hindered. 6. No person shall operate any place of amusement on the streets or parts of streets shown as prohibited by the plan attached hereto and forming Schedule lie' to this by-law. 7. The Council of the Town of Newcastle may suspend or cancel for cause, any 1 i cence issued under thi s by-l aw and the Counci 1 shall advi se the 1 i censee of the meeting at which such suspension or cancellation will be considered and the Licensee shall be permitted to make such representations to Council either in public or in camera to show cause why his licence should not be suspended or cancelled. - 3 - By-law 78-38 8. (a) No person under the age of 14 years shall be permitted to use any amusement machine unless accompanied by a parent or guardian. (b) No person shall be permitted to play any amusement machine in a place of amusement before 6:00 o'clock in the forenoon or after 11:00 o'clock in the afternoon on Mondays to Thursdays both inclusive and between the hours of 12:01 o'clock in the forenoon and 6:00 o'clock in the forenoon on Fridays and Saturdays. (c) Every place of amusement shall at all times, when amusement machines are available for play, be supervised by a person who shall remain on the premises at all times, which person shall be no less than 18 years of age. (d) Every place of amusement shall be provided with waste receptacles which shall be cleared at least once each day. (e) Every place of amusement shall be kept in a clean and sanitary condition at all times. (f) Every place of amusement shall provide for use by the public at all times when amusement machines are available for play at least one washroom containing one toilet and one wash basin with hot and cold potable water, soap and individual towels or a mechanical drying device for each 3000 square feet of floor area or part thereof, and for every place of amusement containing more than 3000 square feet of floor area, one washroom shall be provided for males and one washroom for females. 9. The fee for a licence under the provisions of this by-law shall be $200.00 (Two Hundred Dollars) annually and all such licences issued shall remain in force from the date of issue thereof until the thirty-first (31st) day of December next succeeding. A fee of Ten Dollars ($10.00) shall be payable for the transfer of any licence issued hereunder. 10. Every person obtaining a licence under this by-law shall keep his licence posted up in some conspicuous place on the premises in respect to which the licence is issued and every person so licensed shall, when so requested by any person authorized by Councilor by a Constable of the Durham Regional Police Department or by the Durham Regional Health Unit, produce the licence for inspection. On every licence certificate shall be shown the maximum number of persons who may be lawfully accommodated at anyone time. 11. Any person convicted of a breach of any of the provisions of this by-law shall be liable to a penalty of not less than $100.00 and not more than $500.00 recoverable under the provisions of the Summary Convictions Act. 12. That Schedules IIAII, JlBJI and IIC" attached hereto form part of this by-law. - 4 - By -1 a\1 78-38 13. In the event of any conflict between any provisions of this by-law and any other by-law heretofore passed, the provisions of this by-law shall prevail. 14. That By-law Numbered 716 of the Corporation of the Village of Newcastle, 71-27 of the Corporation of the Town of Bowmanville and all other by-laws inconsistent with the provisions of this by-law are hereby repealed. READ A FIRST TIME this ..Ste. day of . ...~~Y..... A.D. 1978 READ A SECOND TIME this ??tD. day of ...~~r~..... A.D. 1982 READ A THIRD TIME AND FINALLY PASSED this .??tb. day of ...~~[1~... A.D. 1982 >-"'!l / :L~ G.B. Rickard/~ ~ ~/ __ Mayor D.W. Oakes C erk / D ;, t\..~t....A-cC--<-AJ. SEAL Ij " 0 on 0 . :a. '" ~ z " -4 0 Z on ;0 VI -4 n 0 z n m VI VI 0 Z N -.-- TOWN OF NEWCASTLE TOWN OF NEWCASTLE DEPARTMENT Of PLANNING & DEVELOPMENT BOWMANVILLE THIS IS SCHEDULE ,.e. TO BY-LAW 78-38 t PASSED THIS ~BTh' DAY' Of JUNE.. A.D. ~~ / 4 . . /~----? < ..~ . . ------~-~ , G., RJckard ,1010101 ,._ . . \ - > 'I (( ././.- t-. {""di.L. ,r--,......, , ClerK P.'/'( OAM'~ .. ._~ LEGEND HI"RIII STREETS WHERE AMUSEMENT MACHINES ARE PERMITTED. STREET SIDE BETWEEN EAST SIDE OF SCUGOG ST. TO THE WEST SIDE Of LIBERTY STREET. KING ST. NORTH AND SOUTH KING ST. SOUTH EAST SlOE Of SIMPSON AVE. fOR A DISTANCE Of 122 METERS WESTERLY. ...... ...1 I-A-31 TOW~~HIP OF DARLINGTON j\ THIRD C<3~CESSI ON. ..., 'fJ lOT 14 LOT 13 LOT 12 LOT 11 LOT 10 =I~ :,' ~ y ~ j ,,0' HI G 14 'II A r I . :' ,. '~ , '\ r ~.. ~ t'\_" ,. W ~ II ~ 'iO :, ~ ~~ ~ 1 II'~ m ----=Q ~~ '1 ~ I \ II , II If t it . ~.~~. ..1.-. -- r I . "--' --.",..,-~" ~ n -;:;KE ~ V t I IJ , (Il m n o Z o n o z' l.- n -" m V" Vl ~ I II'l ~ ... \ ., , ~ ~..- "<, ~~~ . . II uuw VltW ~~ ~ '. 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"""'" Z " -t o Z ~ ~ ,,- ~ - TOWN OF NEWCASTLE t'I... LEGEND IIUUlltlSTREETS WHERE AMUSEMENT 'MACHINES ARE PERM,ITTED. STREET SIDE BETWEEN. EAST SIDE OF SCUGOG S1: TO THE WEST SIDE OF LIBERTY STREET. EAST SIDE OF SIMPSON AVE. FOR A DISTANCE OF 122 METERS WESTERLY. KING S~ NORTH AND SOUTH KING S1: SOUTH -t .0 ~ Z CIl X o .,., o 400 800 1600ft. [~ ~'---'i~ - -, !- ~~] 400 -rOWN OF I'JEWCASTLE DEPARTMENT OF PLANNING a DEVELOPMENT BOWMANVILLE THIS IS SCHEDULE..,:'C.'.TO BY-LAW 78~38 , PASSE.D ~rHIS' _287U DAY~c, OF J"JlNSJ:,/A. D.:I'982 / / f .'1 '.~ ~..&--/f~4. ." G.Bf~ckard J~Qyor ..~.. ~ ~lu)rf}i!~6 -' """'''''''''.'~ _ ~.w. !?A~~S (CI~r~..: ..~" -"'\,.." . ,.:./,t. c. U7(T'-.o ..